HomeMy WebLinkAbout02-05-2019 Item 13 - Development of Groundwater Sustainability Plan Department Name: Utilities
Cost Center: 6001
For Agenda of: February 5, 2019
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Interim Utilities Director
Prepared By: Jennifer Metz, Utilities Projects Manager
SUBJECT: NOTIFICATION OF INTENT TO INITIATE DEVELOPMENT OF
GROUNDWATER SUSTAINABILITY PLAN
RECOMMENDATION
1. Acting as the City of San Luis Obispo Groundwater Sustainability Agency, approve the Notification
of Intent to initiate development of a Groundwater Sustainability Plan for the San Luis Obispo Valley
Groundwater Basin; and
2. Authorize the Mayor to sign the Notification of Intent to the California Department of Water
Resources, the California Public Utilities Commission, and the County of San Luis Obispo.
DISCUSSION
The City is working in collaboration with the County of San Luis Obispo Groundwater Sustainability
Agency (GSA) to create a single Groundwater Sustainability Plan (GSP) that provides full coverage of
the SLO Basin. This GSP must be submitted to California Department of Water Resources (DWR) by
January 31, 2022.
In accordance with California Water Code Section 10727.8 and the Title 23, Section 353.6 of the
California Code of Regulation, the City, acting as the City of San Luis Obispo Groundwater
Sustainability Agency, is requ ired to provide written notification to the DWR and the legislative body of
any City and/or County within the geographic area covered by the GSP that it intends to initiate
development of a GSP. It is required that the County, as the only other GSA in the SLO Valley Basin,
will also submit a Notification of Intent (NOI) to develop a GSP. The County of San Luis Obispo Board
of Supervisors took this step in October 2018.
Staff has prepared the attached Notification of Intent (Attachment B) consistent with t he requirements of
the Water Code Section 10727.8 and the Title 23, Section 353.6 of the California Code of Regulation and
recommends that the Council approve and authorize the Mayor to sign the NOI so that staff can send the
notification to appropriate entities and development of the GSP can proceed. Approval of the
recommended action will ensure the City will remain in compliance under SGMA and will enable
continued collaboration with the County.
Background
Use of available groundwater resources contributes to resiliency in the City of San Luis Obispo’s water
supply portfolio. The Sustainable Groundwater Management Act (SGMA) is a statewide law that requires
GSAs to adopt groundwater management plans that relate to the needs and resources of their
communities.
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Previous Council or Advisory Body Action
In May 2017, the City Council approved Resolution 10796 (Attachment A) authorizing the City to
become a GSA for the San Luis Obispo Valley Groundwater Basin for the area that lies beneath and
within the City’s jurisdictional boundaries.
Policy Context
Consistent with General Plan, Water and Wastewater Management Element, Policy A2.2.1, the City
utilizes multiple water resources to meet its water supply needs, including groundwater resources. Under
Program A2.3.1, the City works cooperatively on regional water issues and water resource planning,
including working with the County of San Luis Obispo on groundwater sustainability planning consistent
with SGMA.
Public Outreach
It is anticipated that the GSP consu ltant, once retained by the County, will develop a stakeholder outreach
and engagement plan. Interested parties are encouraged to participate in the GSP development and can
visit the County SGMA webpage at www.slocountywater.org/sgma, or via the City’s website, to get
additional information, sign up for the interested stakeholder email list, and to see materials for past or
upcoming meetings related to the GSP development.
CONCURRENCES
Community Development concurs with the environmental review findings.
ENVIRONMENTAL REVIEW
Adoption of the proposed Resolution is not a "project" under the California Environmental Quality Act
(CEQA), because the action does not involve any commitment to a specific project which may result in a
potentially significant physical impact on the environment, as contemplated by Title 14, California Code
of Regulations, Section 15378.
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2016-17
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost Annualized
On-going Cost Total Project Cost
General Fund
State
Federal
Fees
Other: Water Fund $200,000
Other: Proposition 1
Sustainable
Groundwater Planning
grant (with County of
San Luis Obispo)
854,650
Total $1,054,650
There is no additional fiscal impact associated with the recommended action to approve the Notification
of Intent to initiate development of a Groundwater Sustainability Plan for the San Luis Obispo Valley
Groundwater Basin. In May of 2017, the City Council authorized the City Manager to approve use of up
to $200,000 for expenditures related to the formation and administration of the GSA and the development
of the GSP. No funding has been expended to date for the administration of the GSA and the development
of the GSP.
On May 7, 2018, the DWR notified the County that it was conditionally awarded an $854,650 grant under
the Proposition 1 Sustainable Groundwater Planning grant funding program that will assist with the cost
of the preparation of the GSP. This grant will also benefit the City and participating partners. Based on
recent cost estimates from the County, it is anticipated that the current available funding ($200,000) is
adequate for the City’s contribution (30 percent) to the development of the GSP. The total estimated cost
for the GSP is $1,007,000.
ALTERNATIVE
The City Council could elect not to approve the Notification of Intent to initiate development of the GSP
at this time. Staff does not recommend this alternative, as this is a legally required step. The City GSA
must adopt and submit a GSP to DWR by January 31, 2022.
Attachments:
a - Resolution 10796 (2017 Series)
b - Notification of Intent
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RESOLUTION NO. 10796 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE CITY TO BECOME A
GROUNDWATER SUSTAINABILITY AGENCY FOR THE SAN LUIS
OBISPO VALLEY GROUNDWATER BASIN FOR THE AREA THAT LIES
BENEATH AND WITHIN THE JURISDICTIONAL BOUNDARIES OF
THE CITY OF SAN LUIS OBISPO
WHEREAS, in 2014 the California Legislature and the Governor passed into law the
Sustainable Groundwater Management Act (SGMA) for local management of groundwater
resources in California through the formation of Groundwater Sustainability Agencies (GSAs) and
through preparation and implementation of Groundwater Sustainability Plans (GSPs); and
WHEREAS, the City overlies a portion of the San Luis Obispo Valley Groundwater Basin
SLOVGB), which is subject to SGMA, and thus one or more GSAs must be formed for the
SLOVGB by June 30, 2017, or the SLOVGB may be subject to regulation by the State Water
Resources Control Board; and
WHEREAS, the City is a "local agency" as that term is defined by SGMA, and as such is
authorized to form a GSA to manage groundwater resources in the SLOVGB and within the City's
jurisdictional boundaries in accordance with SGMA and other applicable laws and authorities; and
WHEREAS, the City desires to form a GSA to manage groundwater resources in the
SLOVGB beneath and within the City's jurisdictional boundaries; and
WHEREAS, the City intends that its GSA will work cooperatively with the other GSAs
that have formed or will be formed in the SLOVGB to prepare one or more GSPs by January 31,
2022, so that groundwater resources in the SLOVGB will be properly managed and sustainable in
accordance with the provisions of SGMA; and
WHEREAS, it is essential that the City form this GSA because SGMA grants GSAs
substantial additional powers and authorities to ensure sustainable groundwater management.
Acting as the GSA within the City's jurisdictional boundaries will, among other things, confirm
the City's role as the local groundwater management agency, ensure access to SGMA authorities,
and preserve access to grant funding and other opportunities that may be available to GSAs; and
WHEREAS, pursuant to the requirements of SGMA, the City held a public hearing on this
date after publication of notice pursuant to California Government Code section 6066 to consider
adoption of this Resolution.
R 10796
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Resolution No. 10796 (2017 Series) Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. All of the above recitals are true and correct and incorporated herein by
reference.
SECTION 2. The City of San Luis Obispo hereby elects to become the Groundwater
Sustainability Agency in accordance with the Sustainable Groundwater Management Act over the
portion of the San Luis Obispo Valley Groundwater Basin which lies under and within the
jurisdictional boundaries of the City of San Luis Obispo.
SECTION 3. The City Manager is authorized and directed to submit a notice of this
Resolution along with all other required information to the California Department of Water
Resources in accordance with the Sustainable Groundwater Management Act.
SECTION 4. The City Groundwater Sustainability Agency shall consider the interests of
all beneficial uses and users of the groundwater within the jurisdictional boundaries of the City
and will develop an outreach program for all such stakeholders. The City Groundwater
Sustainability Agency will continue to coordinate with other local agencies and stakeholders that
overlie the San Luis Obispo Valley Groundwater Basin in order to manage groundwater resources.
SECTION 5. The City Groundwater Sustainability Agency shall establish and maintain a
list of persons interested in receiving notices regarding the City's involvement in the preparation
of one or more Groundwater Sustainability Plans in the San Luis Obispo Valley Groundwater
Basin, where any person may request in writing to be placed on the City's list of interested persons.
SECTION 6. Resolution Number 10777 (2017 Series) is hereby repealed.
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Resolution No. 10796 (2017 Series) Page 3
Upon motion of Council Member Pease, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez, and Pease
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of May, 2017.
Mae& HAI Harmon
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO -FORM:
istine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ,2-V day of , 2017.
Carrie Gallagher
City Clerk
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City of San Luis Obispo, Public Utilities, 879 Morro Street, San Luis Obispo, CA, 93401-2710, 805.781.7215, slocity.org
January 10, 2019
Trevor Joseph, SGM Section Chief
California Department of Water Resources
PO Box 94236-0001
Sacramento, CA 94236-0001
County of San Luis Obispo, Board of Supervisors
1055 Monterey Street
San Luis Obispo, CA 93408
Bruce DeBerry, Program Manager
California Public Utilities Commission
Water Division, RM. 3106
505 Van Ness Avenue
San Francisco, CA 94102-3298
SUBJECT: NOTIFICAITON OF INTENT TO INITIATE DEVELOPMENT OF
GROUNDWATER SUSTAINABILITY PLAN FOR THE SAN LUIS
OBISPO VALLEY GROUNDWASTER BASIN
To Whom it May Concern:
In accordance with California Water Code Section 10727.8 and the Title 23, Section 353.6 of
the California Code of Regulations, the City of San Luis Obispo, acting as the San Luis Obispo
Valley Groundwater Basin – City of San Luis Obispo Groundwater Sustainability Agency,
hereby gives notice that it intends to initiate development of a Groundwater Sustainability
Plan (GSP) in collaboration with the County of San Luis Obispo Groundwater Sustainability
Agency for the San Luis Obispo Valley Groundwater Basin (3-009, SLO Basin). Two local
public agencies, the City of San Luis Obispo (City) and the County of San Luis Obispo
(County) formed Groundwater Sustainability Agencies (GSAs) resulting in full coverage of
the SLO Basin.
While GSAs were formed by the two local public agencies, SGMA provides that other entities
are eligible to participate in GSAs. Various eligible entities with the SLO Basin, including
Golden State Water Company, Edna Ranch Mutual Water Company (ERMWC), Varian
Ranch Mutual Water Company (VRMWC), and Edna Valley Growers Mutual Water
Company (collectively, Participating Parties), have been engaged in developing the SLO
Basin’s governance structure and outreaching to local stakeholders since 2015. The City,
County, and the Participating Parties entered into a Memorandum of Agreement (MOA) for
the purposes of establishing how the City and the County, with input from the Participating
Parties, will coordinate to develop a single GSP. The MOA also established the Groundwater
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Sustainability Commission (Commission) composed of five members representing the City,
County, and the Participating Parties (ERMWC and VRMWC are collectively represented by
one member), which will serve as an advisory committee to both GSAs in connection with
the preparation of a single GSP.
Once developed, the GSP will the be considered for adoption by each GSA and subsequently
submitted to the California Department of Water Resources (DWR) for approval.
Interested parties are encouraged to participate in the GSP development. It is anticipated that
the GSP consultant, once retained by the County (anticipated in early 2019), will develop a
stakeholder outreach and engagement plan in coordination with the GSAs and Commission.
The MOA allows that the GSAs may decide to jointly establish one or more advisory
committees to the Commission in order to consider the interests of beneficial uses and users
not already represented. These stakeholder engagement decisions will be made during the
early stages of the GSP development, once the County retains a GSP consultant. In the
meantime, interest parties can participate in the GSP development by attending the
Commission meeting and/or related public workshops. All meetings of the Commission will
be conducted in accordance with the Ralph M. Brown Act (Government Code §§54950 et
seq.). The Commission meeting dates and locations will be posted by each GSA and noticed
through the interested stakeholder email list and press releases.
Interested parties can visit the County’s SGMA webpage at: www.slowater.org/sgma to get
additional information, view the MOA, sign up for the interested stakeholder email list , and
to see materials for past or upcoming meetings related to the GSP development.
The City, the County, and the Commission look forward to working with the DWR and SLO
Basin stakeholders towards sustainable groundwater management planning and
implementation. Please contact Aaron Floyd, Interim Director of Utilities, at (805)781 -7237
if you have questions or comments.
Sincerely,
Mayor Heidi Harmon
Attachment: Vicinity Map
cc: Dane Mathis, Department of Water Resources
Matthew Owens, Department of Water Resources
John Peschong, County of San Luis Obispo
Bob, Schiebelhut, Edna Valley Growers Mutual Water Company
Mark Zimmer, Golder State Water Company
Andy Mangano, Edna Ranch Mutual Water Company
James Lokey, Varian Ranch Mutual Water Company
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